Legal Question in Family Law in New Jersey
Post Divorce Parenting Time- Parental Alienation
My divorce has been done and over with. All agreements and MOU are now ''legally binding''. As it is stated in my MOU, I am entitled 3 extended weekends with my daughter per year. I have yet to be permitted to keep her over night by my ex wife, and now I have the opportunity, and she is refusing. She claims that my daughter (whom will be 2 years of age in Aug 2006) is having transitioning issues. I see otherwise. I believe it to be that she is just bitter and doesnt want me to have her. She also claims that she has garnered ''expert'' advice regarding strategies for my daughter's so called ''transitioning issues''. We have joint legal custody, and yet I am not made aware of these things until an issue arrises. Now, she wishes for me to attend counceling with her and my daughter regarding transitioning. During my parenting time, my daughter doesnt seem to have such issues- she is always in a good mood. What are my options now that she is about to refuse my extended weekends? Will she be punished for breaking a court order and/or not following the MOU? Is there a way I can prove that my ex is forcing some sort of ''parental alienation'' on my daughter?
3 Answers from Attorneys
Re: Post Divorce Parenting Time- Parental Alienation
Just based on the limited info I have, she may be in the clear since your visitation schedule appears vague. I would have to see when you should get visitation. If it is just 3 extended weekends without any other information listed, then she "could" wait until the end of the year and stack them up there. Unless this is the visitation you wanted, I think you got beat up pretty bad in the divorce. My consultations are always free, so call me at 732/247/3340 and we'll discuss your options.
Re: Post Divorce Parenting Time- Parental Alienation
A short answer is that she and you must abide by the Court's Order. If there is a parenting schedule set out, then she may be in some serious trouble if she refuses to obey. I know of at least one Judge located in Newark (Essex County Superior Court) who will threaten jail if a mother keeps her kids away from their father.
You will need to get an attorney's assistance, first to demand that she follow the Court's order, and then to file a Motion asking the Court to punish her if she refuses.
If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can to help you out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Post Divorce Parenting Time- Parental Alienation
You will have to file a motion with the Court as to the alleged "transitioning". The Court will order a hearing with expert testimony if the mother persists with this contention.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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